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47 Cards in this Set
- Front
- Back
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When does a state have jurisdiction over a crime? |
When the conduct or result happened in that state |
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What crimes do merge to the substantive offense? |
Solicitation and attempt. But conspiracy does not. |
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What are the requirements for an act to generate criminal liability? |
It must be voluntary bodily movement. |
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What five exceptions to the lack of a general duty to act? |
1. By statute (file tax returns) 2. By contract (lifeguard) 3. In existing relationship (parent-child) 4. Voluntary assumption of duty and failure to perform 5. Where personal conduct created the peril |
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What are the four common law mental states of a crime? |
1. Specific intent crimes 2. Malice crimes 3. General intent crimes 4. Strict liability crimes |
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What 11 specific intent crimes? |
Solicitation, Conspiracy, Attempt, First degree murder, Assault, Larcency, Embezzlement, False pretenses, Robbery, Burglary, Forgery (Students Can Always Fake A Laugh, Even For Ridiculous Bar Facts) |
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What are 2 malice crimes? |
Murder, and Arson |
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What is malice? |
Reckless indifference |
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What is general intent? |
Everything that doesn't require specific intent, malice, or strict liability |
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What are 2 general intent crimes? |
Battery and Rape |
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What is transferred intent? |
Specific intent to commit one crime transfers to a second crime that is actually committed as a result of the failed first crime. Guilty of attempt of the first. |
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What three fields can trigger strict liability crimes? |
Administrative, regulatory, or morality areas |
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What are the definitions of the following intents? Purposely Knowingly Recklessly Negligently |
Purposely: his conscious objective is to engage in certain conduct or cause certain result Knowingly: Aware that his conduct will very likely cause the result Recklessly: Conscious disregard of a substantial and unjustifiable risk Negligent: Failure to be aware of a substantial and unjustifiable risk |
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How does an actor generate accomplice liability? |
Aiding, advising, or encouraging the principal in the commission of the crime. Liable for same crime. |
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How can one withdrawal from accomplice liability? |
1. Repudiate the encouragement, if encouragement given 2. Neutralize assistance, if assistance given 3. Contact police |
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What is conspiracy? |
1. Agreement, with an intent to agree, and an intent to pursue an unlawful objective. |
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What is the scope of liability for conspiracy? |
All conspirators are liable for all crimes committed in furtherance of the conspiracy and were foreseeable |
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Does mere preparation satisfy conspiracy's overt act requirement? |
Yes. Minority: no overt act required beyond agreement. |
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What is the scope of a conpsirator's withdrawal? |
Cannot withdraw from conspiracy, but can withdraw from co-conspirators' subsequent acts |
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What are the elements of attempt? |
Specific intent, plus overt act (substantial step) in furtherance |
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How may an actor abandon attempt, at MPC? |
Fully voluntary withdrawal and complete renunciation of criminal purpose. No abandonment at common law. |
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What is the M'Naghten rule for insanity? |
Defendant lacked ability to know wrongfulness of actions or understand the nature and quality of his actions |
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What is the irresistible impulse rule for insanity? |
Defendant lacked the capacity for self control and free choice |
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What is the Durham rule for insanity? |
Defendant's conduct was a product of mental illness |
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What is the MPC rule for insanity? |
Defendant lacked the ability to conform his conduct to the requirements of law |
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Under what crimes may a defendant claim defense of voluntary intoxication? |
Specific intent crimes |
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When may a victim use deadly force for self-defense? |
Majority: anytime the victim reasonably believes that deadly force is about to be used on him Minority: victim is required to retreat if it is safe to do so. No retreat needed in home, after rape or robbery, or for police. |
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How does duress differ from self-defense? |
Self-defense requires reasonable belief that defendant is about to be harmed, but duress only requires reasonable belief of threat of imminent bodily harm. Both are available to defend third persons, but duress can't be used for murder. |
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When is an unreasonable mistake of fact available as a defense? |
Only for specific intent crimes |
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When is entrapment a defense? |
1. Criminal design originated with law enforcement, 2. Defendant is not predisposed to commit the crime |
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What is battery? |
Using fore to cause bodily injury or offensive touching |
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How does assault become aggravated assault? |
1. Use of deadly/dangerous weapon 2. With intent to rape, maim, or murder |
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What types of intent are required for the mens rea of murder? |
1. Intent to kill; or 2. intent to inflict great bodily harm; or 3. intent to commit felony; or 4. reckless indifference to unjustifiably high risk to human life. |
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What are the elements of first degree murder? |
(Premeditated killing) Causing the death of a human, with intent or knowledge to cause death (Felony murder) Any killing in the commission of an inherently dangerous felony BARRK (Homicide of a police officer) Causing the death of a human, with knowledge that the victim was a law enforcement officer in line of duty |
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What are defenses to felony murder? |
1. Defendant has defense to underlying felony 2. Only felony committed was the murder itself 3. Death was unforeseeable 4. Defendant reached point of temporary safety 5. Death of cofelon as a result of resistance by crime's victim or police |
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What are the elements of second-degree murder? |
Causing the death of another with "depraved heart" or reckless indifference to unjustifiably high risk of human life. |
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What are the elements of voluntary manslaughter? |
1. Killing with adequate provocation 2. Provocation would cause an ordinary person to lose control 3. No time to for a reasonable person cool down 4. Defendant did not in fact cool down |
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What are the elements of involuntary manslaughter? |
Killing of criminal negligence; or Killing during commission of misdemeanor or unenumerated felony murder |
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What are the elements of false imprisonment? |
Unlawful confinement of a person without valid consent |
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What is kidnapping? |
Confinement of a person with some movement or concealment in a secret place |
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What is larceny? |
Wrongful taking (carrying away) of property of another by trespass with intent to permanently deprive (at time of taking). |
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What distinguishes embezzlement from larceny? |
In embezzlement, actor has lawful possession (followed by illegal conversion), whereas larceny involves trespass on property at time of taking. |
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What distinguishes larceny by trick vs false pretenses? |
Larceny by trick only involves possession of property; false pretenses involves title |
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What is the difference between extortion and robbery? |
1. Robbery requires actual taking, whereas extortion only requires seeking to obtain the property 2. Robbery requires threat of imminent harm, but extortion only requires future threat |
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What documents are capable of being forged? |
Any writing with apparent legal significance |
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What is burglary? |
"Breaking" and entering the dwelling of another at night with intent to commit a felony therein |
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What is arson? |
Malicious burning of a dwelling of another |
